₦airaland Forum

I think the National Assembly has effectively outlawed presentation of forged certificates as part of the gounds for the presentation of election petitions from the jurisprudence of election petition cases in Nigeria.They have completely removed the grounds of qualification from the grounds for presentation of election petition in Nigeria. But can they do so. I do not think so. The qualification to run for elective offices in Nigeria is a fundamental constitutional requirement that can not be outlawed just like that by the National Assembly.

The new Electoral Act has only two grounds to present election petition in 2027. It provides that: "138. (1) An election may be questioned on the grounds that the —(a) election was invalid by reason of corrupt practices or non- compliance with the provisions of this Act; or (b) respondent was not duly elected by majority of lawful votes cast at the election.(2) An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election. (3) Where the court makes a determination that an election is being questioned by a political party or candidate on grounds outside of those provided for under subsection (1), the court shall impose penalties of not less than ₦5,000,000 on the counsel and not less than ₦10,000,000 on the petitioner"

Hitherto, presentation of forged certificates, which formed parts of grounds of qualification had always been part of the grounds for presentation of election petition under our electoral jurisprudence. But the new Electoral Act 2026 has removed that ground from the grounds for presentation of election petition. Why was the ground of qualification removed from the provisions of the Electoral Act 2026. I cannot hazard a guess. Does it mean that the National Assembly has now allowed forgers to be elected and to lead us. Can they do so in the face of constitutional provisions. I do not think so.

Is the provision of section 138 of the Electoral Act 2026 not unconstitutional and in conflict with the provisions of constitution that prohibit persons who present forged certificates in aid of their qualifications from being qualified for elective offices of the President, Governors and members of the National and State Houses of Assembly. I think it is unconstitutional and grave legistilative disservice to the moral values of Nigeria to outlaw presentation of forged certificate from the grounds of presentation of election petitions.

For instance, sections 137(1)(j),182(1)(j), 107(1)(i) and 66(1)(i) of the 1999 constitution all respectively provide that no person shall be qualified for election to the offices of the President, the governors, the legislative Houses of the National and state Houses of Assembly if such persons presented forged certificates to Independent National Electoral commission.

The delibrate removal of the grounds of presentation of forged certificate in the grounds for presentation of election petition is fundamentally flawed and grave disservice to the nation. It is not in the interest of the moral values of the nation. What this means is that those who have forged certificates and who present it to their parties and subsequently to INEC and who win election to any of the above offices can now rule us with forged certificates.

There is an urgent need to include the ground of presentation of forged certificate as grounds to present election petition. Law must be made to serve a purpose that only those with good certificates duly earned should lead us. The National Assembly should revisit the grounds for presentation of election petition in the 2026 Electoral Act. It has to do so urgently in the interest of the nation Nigeria.

FreeStuffsNG:
If you forge certificate, you will be prosecuted under the broad and more stringent criminal code , not liberal and civil electoral laws.

Do not let anyone decieve you. It is like expecting that all the crimes in Nigeria should be included in the electoral law.

seunmsg:
Realistically, can the election tribunal try forgery cases? Forgery is a criminal case and has to be proved beyond reasonable doubt. Election petition should address irregularities observed from the conduct of the election and nothing else. If a candidate forged his certificates, he should be tried in a pre or post election case. To make matters better, the certificates of all candidates are published by INEC months before the election. Even after the election, there is about 3-4 months for anybody to still file a forgery case. So, what’s all these noise about again?

AndroBlaze:
It is sad this came from a SAN.... honestly what is this country becoming because of partisanship?
Every secondary school student knows that laws are not greater than the constitution. So why the so called SAN wants to start needless brouhaha over what HE knows clearly is still illegal in this country and once it gets to proper courts (not yeye tribunals) would still ensure someone is removed, is beyond me.

TechToyin:
What about In PDP & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 Ors (2020), the Supreme Court disqualified and nullified the election of both the gubernatorial candidate (David Lyon) and his deputy (Biobarakuma Degi-Eremienyo) on the ground that the deputy did not qualify for the election. This case established that forged credentials can invalidate an entire ticket, not just the individual candidate.

OlujobaSamuel:
Has a case of forgery been included in the electoral act before??
I thought all forgery and similar cases not part of the conduct of the election are pre election cases, and handled by a separate court different from electoral tribunal

Bethel4Life:
Nigeria has gone to the dogs

Dejijossy:
Is forgery not a corrupt practices?

FreeStuffsNG:
If you forge certificate, you will be prosecuted under the broad and more stringent criminal code , not liberal and civil electoral laws.


Do not let anyone decieve you. It is like expecting that all the crimes in Nigeria should be included in the electoral law.

AndroBlaze:
It is sad this came from a SAN.... honestly what is this country becoming because of partisanship?

Every secondary school student knows that laws are not greater than the constitution.

dettolgel:
Let them be specific about it. If election tribunal throws out petition on the ground that it was specifically stated in the electral act before you go through the hurdles of the legal system the accused most have been sworn in and will use its power to frustrate the whole process. This is Nigeria we understand the game